News & Analysis as of

EU Data Protection Laws International Data Transfers Schrems I & Schrems II

DLA Piper

EU-U.S. Data Privacy Framework Survives First Challenge

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The EU General Court has dismissed a French MEP’s challenge to the EU-U.S. Data Privacy Framework (“DPF”) for the transfer of personal data between the European Union (“EU”) and the United States (“U.S”). While the decision...more

Ius Laboris

It’s finally here: adequacy decision on EU-US data transfers

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Data transfers from the EU to the US will now be easier for many companies, following a long-awaited decision from the European Commission. More than a year after the first announcement of the Trans-Atlantic Data Privacy...more

Davis Wright Tremaine LLP

European Commission Approves EU-U.S. Data Privacy Framework, Paving Way for Streamlined Transfers of Personal Data

Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more

Snell & Wilmer

European Commission Adopts Adequacy Decision for Transatlantic Data Privacy Framework

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After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more

Fox Rothschild LLP

US, EU Pledge To Accelerate Work On Privacy Shield 2.0

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If at first (and second) you don’t succeed, try try again. The European Union and United States are gearing up for “Privacy Shield 2.0” to address the difficulties faced by tens of thousands of companies in the wake of the...more

McDermott Will & Schulte

Nach Schrems-II-Urteil: Fragebogen als Arbeitshilfe auch fĂĽr Arbeitgeber

Das Portal fragdenstaat.de (Link) hat einen Fragebogen der Hamburgischen Datenschutzbehörde veröffentlicht, mit Hilfe dessen die Behörde die Umsetzung des Schrems-II-Urteils exemplarisch am Einsatz von Office 365 überprüft....more

Goodwin

Post Schrems II Guidance: EU Regulators Raise Bar For Global Data Transfers

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On 15 January, 2021, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) adopted a joint opinion (“Joint Opinion”) on the draft new sets of Standard Contractual Clauses (“New...more

Womble Bond Dickinson

ALERT: EU Actively Supports Protectionist Data Localization Policies

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Meet the Euro-crats who think that the European Union needs to behave more like Russia and China. More like Nigeria, Kazakhstan, and Indonesia. These leaders are pushing not just to punish U.S. firms for successfully...more

WilmerHale

EDPB Releases Recommendations for Supplementary Measures for Transfers of Personal Data to Recipients Outside the European Union

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On November 11, 2020, the European Data Protection Board (“EDPB”) released two documents as a follow-up to the Court of Justice of the European Union’s (“CJEU”) notable July 2020 decision, known as Schrems II. These documents...more

Husch Blackwell LLP

EDPB Announces Recommendations On Schrems II Supplementary Measures

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Keypoint: The EDPB’s much-anticipated recommendations will help companies identify the supplementary measures they need to put into place to comply with the CJEU’s Schrems II decision. Today, the European Data Protection...more

Fox Rothschild LLP

Data Transfer Post-Schrems II: FAQ’s From A German Data Protection Authority

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The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently...more

Latham & Watkins LLP

Lösungsansätze für grenzüberschreitende Datentransfers nach dem Schrems II-Urteil des EuGH

Latham & Watkins LLP on

Fragen, Antworten und Praxistipps zum weiteren Einsatz von Standardvertragsklauseln - Der Europäische Gerichtshof (EuGH) hat mit seinem Urteil vom 16. Juli 2020, Rechtssache C-311/18 („Schrems II“) die Rahmenbedingungen...more

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more

Jones Day

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

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The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

Poyner Spruill LLP

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

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The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Womble Bond Dickinson

Data Transfer Without Safe Harbors

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European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Foley Hoag LLP

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

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Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

Mintz - Privacy & Cybersecurity Viewpoints

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially...more

McGuireWoods LLP

U.S. Chamber of Commerce and BusinessEurope Request Quick, Perennial Safe Harbor Fix

McGuireWoods LLP on

In letters sent on November 20, 2015 (see here the letter sent to the chairman of the Article 29 Working Party), the U.S. Chamber of Commerce and its EU equivalent, BusinessEurope, urged the U.S. and EU negotiators to...more

Cozen O'Connor

Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems

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One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data...more

Sheppard Mullin Richter & Hampton LLP

The Schrems Decision: How the End of Safe Harbor Affects Your FCPA Compliance Plan

Like a needle to a balloon, the Schrems decision has drastically altered the data privacy landscape. Who is affected? Everyone – consumers, corporations, employees. But who needs to take action? Any company with offices in...more

McDermott Will & Emery

Safe Harbor Not Binding! European Court of Justice Bares Its Teeth

McDermott Will & Emery on

In its decision on October 6, 2015 (file-no. C-362/14), the European Court of Justice (ECJ) stated that the commonly used Safe Harbor Principles, which were previously deemed to be a safe way to legally transfer data to the...more

King & Spalding

Agreement “In Principle” On New US-EU Safe Harbor Pact

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The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

K&L Gates LLP

Brussels Regulatory Brief: September/October

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On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

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